A House of Lords inquiry is looking into the impact of legislation on schools. Most responses to the inquiry so far are telling the Lords the same thing: there is too much legislation, it changes too fast, and the changes are not clearly communicated. Schools cannot keep up with the implementation of new regulations. But will anything change?

The House of Lords is examining the cumulative impact of statutory instruments on schools. The relevant committee will also examine the timing and communication of new statutes: many of the responses flagged up the problems caused by sudden and poorly communicated changes. The National Association of Head Teachers told the inquiry that:

“It is rare for regulations to be known in schools in sufficient time for preparation and implementation.”

The pace of change is also a problem, as noted by the ASCL, who told the committee that:

“There is a marked tendency to constantly revise SIs and statutory guidance, which is very hard to keep up with.”

And in addition, the communication of new regulations is often an issue, as advice of varying degrees of usefulness is added in the process. The Implementation Review Unit comments:

“A major challenge facing school staff and governors is to identify what is actually required as legislation from what is offered as optional advice and guidance. Often messages and initiatives launched by central government are embroidered by intermediaries such as local authorities and other agencies to the extent that an individual school is literally swamped with well intentioned advice around a particular topic.”

If the inquiry can sort out some of these problems, they will be offering headteachers and SBMs welcome relief. However, school leaders struggle with legislation from all angles, most of them beyond the remit of this committee. The ASCL describe the problem:

As occupiers or owners of premises they have to meet all relevant legislative adjustments to laws covering the liabilities and duties of occupiers, including, for example, fire regulations. As employers in their own right, or exercising the powers of employers to appoint, discipline and dismiss staff, they have to take account of employment legislation. And as providers of services and public authorities, they have to take account of other public legislation, for example, discrimination regulations.

Statutory instruments are a small part of the problem which needs to be faced before legislation prevents schools from fulfilling their primary role.